The Paperwork Reduction Act
Recognizing that burdensome paperwork was interfering
with your ability to teach, the Legislature passed a law
in 2003 that limits the volume of paperwork districts may
require classroom teachers to complete. Although the
Paperwork Reduction Act has applied since the 2003-04
school year began, many educators question its
effectiveness and are unclear as to how it affects their
duties.
What the law says
Section 11.164 of the Texas Education Code reads:
Restricting Written Information
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The board of trustees of each school district shall limit redundant requests for information
and the number and length of written reports that a classroom teacher is required to prepare.
A classroom teacher may not be required to prepare any written information other than:
(1) Any report concerning the health, safety or welfare of a student;
(2) A report of a student’s grade on an assignment or examination;
(3) A report of a student’s academic progress in a class or course;
(4) A report of a student’s grades at the end of each grade reporting period;
(5) A textbook report;
(6) A unit or weekly lesson plan that outlines, in a brief and general manner, the information
to be presented during each period at the secondary level or in each subject or topic at the
elementary level;
(7) An attendance report;
(8) Any report required for accreditation;
(9) Any information required by a school district that relates to a complaint, grievance, or
actual or potential litigation and that requires the classroom teacher’s involvement; or
(10) Any information specifically required by law, rule or regulation.
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The board of trustees shall review paperwork requirements imposed on classroom teachers
and shall transfer to existing noninstructional staff a reporting task that can reasonably be
accomplished by that staff.
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This section does not preclude a school district from collecting essential information, in
addition to the information specified under subsection (a), from a classroom teacher on
agreement between the classroom teacher and the district.
What the law means
This list might seem straightforward to outsiders, but
educators have many questions about how this law plays out
in real-life situations. Here’s how the law applies to
types of paperwork teachers are often asked to complete.
Student progress reports and
parent notices: A district may require that a teacher
prepare reports, either for the district or for a parent,
explaining how a student is progressing in the teacher’s
class. The teacher should not be required to complete any
part of the report that can be completed by
non-instructional staff.
Lesson plans: Many
classroom teachers have been directed to prepare extensive
lesson plans. Some are asked not only to describe the
lesson but also to identify specific TEKS objectives and
explain how the lesson applies to those objectives or
meets other district criteria. The law states that a
district may only require a lesson plan to “outline, in a
brief and general manner” the information presented, so
the law would appear to relieve teachers of an
obligation to detail objectives or other related
information. TEA has communicated its intention to provide district
administrators a great deal of discretion even when substantial detail is required. Teachers of students with disabilities may
also still be required to note any requisite modifications
provided to those students or to document other
information in some circumstances.
Intervention plans or growth
plans: Many teachers receive written directives from
supervisors for changes in professional behavior or
performance. These directives commonly require teachers to
prepare reports on books read, classes observed or
seminars attended. In the past, these assignments could be
mandatory, but it is unlikely these could be required now
because they do not fit the criteria for required reports.
Teachers should note, however, that the law does allow a teacher
and a district to mutually agree that the teacher will
provide information not otherwise required. The law also does not prohibit requiring an oral
report.
District investigations:
Teachers are still required to give statements as part of
investigations into matters such as employment disputes or
possible child abuse if they are thought to have relevant
knowledge.
Questions about this law
Because the law is relatively new, there is little
interpretive guidance from the education commissioner or
the courts that relates to specific real-life situations.
If you are unsure whether your district can require a
report, call the ATPE Member Legal Services Department at
(800) 777-ATPE to discuss the matter with an attorney.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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